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LOCAL SCHEDULE EL

RETENTION SCHEDULE FOR RECORDS OF ELECTIONS AND VOTER REGISTRATION

(Third Edition, Effective September 3, 2014)
13 TAC §7.125(a)(10)

This schedule establishes mandatory minimum retention periods for records that are associated with the conduct of elections, political candidacy, and the registration of voters. No local government office may dispose of a record listed in this schedule prior to the expiration of its retention period. A records control schedule of a local government may not set a retention period that is less than that established for the record in this schedule. Original paper records may be disposed of prior to the expiration of their minimum retention periods if they have been microfilmed or electronically stored pursuant to the provisions of the Local Government Code, Chapter 204 or Chapter 205, as applicable, and rules of the Texas State Library and Archives Commission adopted under those chapters. Actual disposal of such records by a local government is subject to the policies and procedures of its records management program.

Destruction of local government records contrary to the provisions of the Local Government Records Act of 1989 and administrative rules adopted under it, including this schedule, is a Class A misdemeanor and, under certain circumstances, a third degree felony (Penal Code, Section 37.10). Anyone destroying local government records without legal authorization may also be subject to criminal penalties and fines under the Public Information Act (Government Code, Chapter 552).

INTRODUCTION

The Government Code, Section 441.158, provides that the Texas State Library and Archives Commission shall issue records retention schedules for each type of local government, including a schedule for records common to all types of local government. The law provides further that each schedule must state the retention period prescribed by federal or state law, rule of court, or regulation for a record for which a period is prescribed; and prescribe retention periods for all other records, which periods have the same effect as if prescribed by law after the records retention schedule is adopted as a rule of thecommission.

The retention period for a record applies to the record regardless of the medium in which it is maintained. Some records listed in this schedule are maintained electronically in many offices, but electronically stored data used to create in any manner a record or the functional equivalent of a record as described in this schedule must be retained, along with the hardware and software necessary to access the data, for the retention period assigned to the record, unless backup copies of the data generated from electronic storage are retained in paper or on microfilm for the retention period.This includes electronic mail (e-mail), websites, and electronic publications.

Unless otherwise stated, the retention period for a record is in calendar years from the date of its creation. The retention period applies only to an official record as distinct from convenience or working copies created for informational purposes. Where several copies are maintained, each local government should decide which shall be the official record and in which of its divisions or departments it will be maintained. Local governments in their records management programs should establish policies and procedures to provide for the systematic disposal of copies.

A local government record whose retention period has expired may not be destroyed if any litigation, claim, negotiation, audit, public information request, administrative review, or other action involving the record is initiated; its destruction shall not occur until the completion of the action and the resolution of all issues that arise from it.

A local government record whose retention period expires during any litigation, claim, negotiation, audit, public information request, administrative review, or other action involving the record may not be destroyed until the completion of the action and the resolution of all issues that arise from it.

If a record described in this schedule is maintained in a bound volume of a type in which pages were not meant to be removed, the retention period, unless otherwise stated, dates from the date of last entry.

If two or more records listed in this schedule are maintained together by a local government and are not severable, the combined record must be retained for the length of time of the component with the longest retention period. A record whose minimum retention period on this schedule has not yet expired and is less than permanent may be disposed of if it has been so badly damaged by fire, water, or insect or rodent infestation as to render it unreadable, or if portions of the information in the record have been so thoroughly destroyed that remaining portions are unintelligible. If the retention period for the record is permanent in this schedule, authority to dispose of the damaged record must be obtained from the director and librarian of the Texas State Library and Archives Commission. A Request for Authority to Destroy Unscheduled Records (Form SLR 501) should be used for this purpose.

Certain records listed in this schedule are assigned the retention period of AV (as long as administratively valuable). This retention period affords local governments the maximum amount of discretion in determining a specific retention period for the record described.

Use of Asterisk (*)

The use of an asterisk (*) in this third edition of Local Schedule EL indicates that the record is either new to this edition, the retention period for the record has been changed, or substantive amendments have been made to the description of or remarks concerning the record. An asterisk is not used to indicate minor amendments to grammar or punctuation.

Abbreviations Used in This Schedule

AV - As long as administratively valuable

CFR - Code of Federal Regulations

FE - Fiscal year end

TAC - Texas Administrative Code

US - Until superseded

Table of Contents

Retenton Notes

RETENTION NOTES: (a) DESTRUCTION OF RECORDS. After expiration of the prescribed period for preserving voted ballots, election returns, other election records, or other records that are preserved under the Election Code, the records may be destroyed or otherwise disposed of unless, at the expiration of the preservation period, an election contest or a criminal investigation or proceeding in connection with an election to which the records pertain is pending. In that case, the records shall be preserved until the contest, investigation, or proceeding is completed and the judgment, if any, becomes final. [By law, Election Code, Section 1.013.]

(b) AUTHORITY OF THIS SCHEDULE - This schedule applies to and is binding upon county clerks, county tax assessor-collectors, county election administrators, election clerks in other local governments, and all other officials or employees of a local government who have custody of or maintain records of elections or voter registration. Many of the retention periods established in the Texas Election Code also apply to county executive committees of political parties who conduct their own primaries. These committees are not bound, however, by the destruction notice and records scheduling requirements of the Local Government Records Act.

Precinct early voting list (listing voters in each precinct who have voted early or who have been mailed absentee ballots).

Follow retention periods for Precinct Election Records [EL3100-10a].

By law - Election Code, Section 66.058(a).

Retention Note: It is an exception to the retention period given for this record that one copy of each precinct early voting list prepared for a general election must be retained by the early voting clerk for 2 years after election day. By law - Election Code, Section 87.122(d).

*EL3100-01c

EARLY, ABSENTEE, AND RESTRICTED BALLOT VOTING RECORDS

Federal post card applications requesting absentee ballot.

Follow retention periods for Precinct Election Records [EL3100-10a].

By law - Election Code, Section 66.058(a).

Retention Notes: a)An application requesting a ballot for more than one election shall be preserved for the period for preserving the precinct election records for the last election for which the application is effective. By law – Election Code, Section 101.054(d).

b) If the federal postcard application is used as a voter registration document follow the retention period for EL3150-03(a).

EL3100-02

ELECTION CONTRACTS

Contracts, leases, or agreements for election services or the use of voting machines, including written approvals from the Secretary of State, if such approval is required.

4 years after the expiration or termination of the instrument according to its terms.

Retention Note: In counties, the retention period applies only to the copy of the contract maintained by the county elections officer. Copies of the contract filed with and maintained by the county treasurer, county auditor, or the county judge need only be retained as long as administratively valuable.

EL3100-03

ELECTION MINUTES, NOTICES, AND ORDERS

EL3100-03a

ELECTION MINUTES, NOTICES, AND ORDERS

Minutes of governing body concerning elections.

PERMANENT.

*EL3100-03b

ELECTION MINUTES, NOTICES, AND ORDERS

Posted or published notices of election, including records (e.g., affidavits of publication, record of posting locations, or lists of voters to whom notices are mailed) which document the time, place, and manner of notice.

Follow retention periods for Precinct Election Records [EL3100-10a].

By law - Election Code, Section 4.005(d).

*EL3100-03c

ELECTION MINUTES, NOTICES, AND ORDERS

Election orders and proclamations.

(1) Ordering an election.

(2) Relating to multiple elections or election procedures (e.g., order adopting a voting system; order appointing a county elections administrator).

Follow retention periods for Precinct Election Records [EL3100-10a].

AV if recorded in the minutes of the governing body; PERMANENT if not recorded.

By law - Election Code, Section 3.008(a).

Retention Note: Election Code Section 3.008(b) requires that the date and nature of an election ordered by a political subdivision be entered in the minutes of its governing body.

EL3100-04

ELECTION OFFICER RECORDS

Retention Note: Records in this group include any records of the types listed relating to early voting.

For certificates of appointment of watchers see item number EL3100-10(a).

*EL3100-04a

ELECTION OFFICER RECORDS

Orders of appointment of election judges, including memoranda of emergency appointments, if applicable.

(1) Single election appointments.

(2) Term appointments.

Follow retention periods for Precinct Election Records [EL3100-10a].

Retain until end of term for which the appointment is made or follow the retention periods for Precinct Election Records [EL3100-10a] in the last election in which the appointee serves under the order, whichever later.

By law - Election Code, Sections 32.007(c) and 32.008(c).

By law - Election Code, Section 32.008(c).

EL3100-04b

ELECTION OFFICER RECORDS

Lists of recommended election judges or other officers.

AV after appointments made.

*EL3100-04c

ELECTION OFFICER RECORDS

Statements of compensation due election officers.

(1) Originals.

(2) Copies.

FE + 3 years.

Follow retention periods for Precinct Election Records [EL3100-10a].

By law -Election Code, Section 32.094(e).

EL3100-05

ELECTION PETITIONS

2 years after election day if petition results in an election or 2 years after date of filing if no election results.

Retention Notes: a) This record group includes petitions for the formation of governments, local option elections (including applications), and such other issues permitted by law. It does not include petitions for a place on the ballot; see item number EL3125-02(a).

b) Some election petitions presented to commissioners’ courts are required by law to be recorded by county clerks. The retention period applies only to filed copies of petitions. The retention period for recorded copies is that assigned in the Local Schedule CC (Records of County Clerks) to the record in which the petition is recorded.

EL3100-06

ELECTION RETURN RECORDS

See item number EL3100-10 for precinct level election returns.

*EL3100-06a

ELECTION RETURN RECORDS

County election returns (copies of reports submitted by county clerks or county election administrators to the Secretary of State).

Follow retention periods for Precinct Election Records [EL3100-10a].

By law - Election Code, Sections 67.007(e) and 67.008(d).

EL3100-06b

ELECTION RETURN RECORDS

Election return record or register maintained by local canvassing authorities.

PERMANENT.

By law - Election Code, Section 67.006(e).

Retention Note: If the tabulation of election returns by a canvassing authority is done in a separate document rather than being entered directly into the election record or register, the separate tabulation must be retained for 22 months after election day in accordance with Election Code, Section 67.004(e).

EL3100-07

FRAUD IN CONSTITUTIONAL AMENDMENT ELECTIONS, REPORTS OF

Reports filed with county clerks of alleged fraud, misconduct, or irregularity in constitutional amendment elections.

PERMANENT.

Obsolete record.

EL3100-08

PRECINCT BOUNDARY RECORDS

EL3100-08a

PRECINCT BOUNDARY RECORDS

Notices of changes to precinct boundaries, including those filed with and maintained by voter registrars.

Effective date of change + 1 year.

By law - Election Code, Section 42.036(g), for those maintained by issuing authority in counties with a population of one million or more; by authority of this schedule for those in all other counties and for those maintained by voter registrars.

EL3100-08b

PRECINCT BOUNDARY RECORDS

Maps of precinct boundary changes.

One copy of each PERMANENT.

EL3100-09

PRECINCT CONVENTION RECORDS

Records of the proceedings, lists of persons in attendance at precinct conventions, and lists of delegates chosen to represent the precinct at county or senatorial district conventions.

Retention Note: If new ballots are prepared to correct mistakes, the incorrect ballots must be destroyed in accordance with the provisions of Election Code, Section 52.0064.

EL3100-10b

PRECINCT ELECTION RECORDS

Voter registration lists (original, revised original, and supplemental) and registration corrections lists, including those used in early voting.

(1) Arising from elections held prior to March 1, 1986.

(2) Arising from elections held on March 1, 1986 or later.

AV.

Returned to voter registrar.

See Part 3 of this schedule.

Retention Note: Lists of registered voters used in primary elections prior to September 1, 1987 and maintained by the general custodian of election records may be destroyed at option. Such lists used in primary elections after September 1, 1987 are returned to the voter registrar. See item number EL3150-06(d).

*EL3100-10c

PRECINCT ELECTION RECORDS

Poll lists.

Follow retention periods for Precinct Election Records [EL3100-10a].

By law - Election Code, Section 66.058 (a, g).

Retention Note: It is an exception to the retention period given for this record that one copy of each poll list used in a primary election held in 1986 and subsequent years must be retained by the general custodian of election records until the end of the year in which the primary election is held. By law - Election Code, Section 172.114.

Records relating to the request for and conduct of a recount, including all of the following: initial, expedited, and supplementary recount petitions, with associated amendments, affidavits, and certifications; applications for inclusion of remaining paper ballot precincts; recount notices and other notices involved in the conduct of recounts; requests for specific counting method; records of recount costs; and recount cost statements.

(1) Records of the type described maintained by a person serving only as recount coordinator or by a person serving as both recount coordinator and recount supervisor.

(2) Records of the type described maintained by a person serving as recount supervisor only.

Follow retention periods for Precinct Election Records [EL3100-10a], or 60 days after recount canvass completed, or 30 days after assessed recount costs settled, or 30 days after outstanding costs referred for collection, whichever longer.

Follow retention periods for Precinct Election Records [EL3100-10a], or 60 days after recount costs for payment of claimants certified, or 6 months after cost statement is delivered to recount coordinator if assessed against a person, whichever longer.

Designations of campaign treasurers, including notices of termination.

2 years after appointment terminated.

By law - Election Code, Section 252.014.

Retention Note: See Election Code, Section 252.0131, for a procedure that clerks may use to terminate the campaign treasurer appointment of an inactive candidate or political committee.

EL3125-02

CANDIDACY APPLICATIONS AND CERTIFICATIONS

EL3125-02a

CANDIDACY APPLICATIONS AND CERTIFICATIONS

Applications and any accompanying petitions for place on ballot, including any rejection notices and withdrawal of petition signature requests.

Election day + 2 years.

By law - Election Code, Section 141.036.

EL3125-02b

CANDIDACY APPLICATIONS AND CERTIFICATIONS

Certifications of candidates (including certifications of replacement nominees by party executive committees).

(1) Copy maintained by authority to whom application for a place on ballot is made.

(2) Copy maintained by authority responsible for preparation of official ballot.

AV after election day.

Election day + 2 years.

EL3125-02c

CANDIDACY APPLICATIONS AND CERTIFICATIONS

Declarations of intent to run as an independent candidate.

Day after general election day.

By law - Election Code, Section 142.003.

EL3125-02d

CANDIDACY APPLICATIONS AND CERTIFICATIONS

Declarations of write-in candidacy.

Election day + 2 years.

By law - Election Code, Section 146.028.

EL3125-02e

CANDIDACY APPLICATIONS AND CERTIFICATIONS

Withdrawal of candidacy requests.

Election day + 2 years.

EL3125-03

PARTY CERTIFICATIONS AND NOTICES

EL3125-03a

PARTY CERTIFICATIONS AND NOTICES

Lists and certifications of party candidates in primary elections.

Day after the general primary election day.

EL3125-03b

PARTY CERTIFICATIONS AND NOTICES

Notices or lists of persons elected as party officers.

US.

By law - Election Code, Section 172.118(c).

*EL3125-04

FINANCIAL DISCLOSURE STATEMENTS OF LOCAL GOVERNMENT OFFICERS

Financial statements of local government officers or candidates of local government offices required to be filed with the county or city clerk, as applicable.

Date of termination as officer or candidate, as applicable + 2 years.

By law – Local Government Code, Section 145.007(c); 159.007(c).

PART 3: VOTER REGISTRATION RECORDS

Record Number

Record Title

Record Description

Retention Period

Remarks

EL3150-01

CHALLENGE TO REGISTRATION RECORDS

Records relating to challenges by the voter registrar or another registered voter to the registration of an applicant or a voter and similar records relating to the challenge by a voter resulting in rejection of an application or cancellation of registration by the voter registrar.

EL3150-01a

CHALLENGE TO REGISTRATION RECORDS

Notices of challenge, requests for and notices of hearing, affidavits of argument or evidence, statements of challenge (if challenge is by another registered voter), and copies of petitions for review in cases appealed to a district court.

2 years from, as applicable:

1) Date of notice of challenge or cancellation, if no hearing sought by voter.

2) Date of written determination of challenge.

3) Date of judgment of district court if adverse determination appealed.

EL3150-01b

CHALLENGE TO REGISTRATION RECORDS

Written determinations of challenge.

Date of rejection of application or cancellation of registration + 2 years.

By law – Election Code, Section 13.102(d); 15.142(c).

EL3150-02

VOLUNTEER DEPUTY REGISTRAR RECORDS

EL3150-02a

VOLUNTEER DEPUTY REGISTRAR RECORDS

Certificates of appointment.

Termination of appointment + 2 years.

By law - Election Code, Section 13.0035(d).

EL3150-02b

VOLUNTEER DEPUTY REGISTRAR RECORDS

Applications for appointment.

AV.

EL3150-02c

VOLUNTEER DEPUTY REGISTRAR RECORDS

Written notices of termination.

AV.

EL3150-03

VOTER REGISTRATION APPLICATIONS AND ASSOCIATED DOCUMENTATION

EL3150-03a

VOTER REGISTRATION APPLICATIONS AND ASSOCIATED DOCUMENTATION

Voter registration applications and the following records that the Election Code requires be maintained in association with application files: authorizations to vote by affidavit; requests for replacement certificates; notices of change in registration information (including hand-corrected registration certificates submitted by voters); returned renewal certificates; abstracts of death, probate, mental incompetency, felony conviction, and disqualification in an election contest; requests for exemption from showing photo ID due to a permanent disability; lists of person disqualified from jury service because of lack of citizenship; and written notices to voter of investigation of registration status, written responses from voters, proofs of citizenship provided by voters, and memoranda of oral responses.

Date of rejection or cancellation of registration + 2 years.

By law - Election Code, Section 13.102(d).

EL3150-03b

VOTER REGISTRATION APPLICATIONS AND ASSOCIATED DOCUMENTATION

Notices of change of residence of voters from other voter registrars.

Date of cancellation of registration + 2 years.

EL3150-03c

VOTER REGISTRATION APPLICATIONS AND ASSOCIATED DOCUMENTATION

Notices of applications for limited ballot from early voting clerks in other counties.

Periodic reports from the Secretary of State on deceased persons in a county.

AV.

Obsolete Record.

EL3150-04

VOTER REGISTRATION CERTIFICATES

Retention Notes: a) Beginning in 1967 with the repeal of poll taxes, voter registration procedures in Texas were subject to frequent change. It was not until 1975 that the current system began to emerge in the Election Code. Consequently, for the purposes of records retention only, the term “date of cancellation” in this record group means, as applicable:

from the date registration is cancelled for any of the reasons cited in Chapter 16, Election Code;

from the date an initial registration certificate or its former equivalent expired under prior law (note that the issuance of a renewal certificate under current law does not constitute expiration of the initial certificate); or

from the date the information on an initial registration certificate or its former equivalent was transcribed into a new format as may have been required or permitted by new statutory requirements (note that the issuance of a renewal certificate under current law in a different format from the initial certificate does not constitute a transcription).

b) Election Code, Section 15.143 provides: “The registrar may maintain the active or inactive certificate file as information stored in a form suitable for use with electronic data processing equipment. After the appropriate information is stored, the registrar may destroy or otherwise dispose of a duplicate certificate.”

EL3150-04a

VOTER REGISTRATION CERTIFICATES

Duplicate initial registration certificates.

Date of cancellation of registration + 2 years.

By law - Election Code, Section 15.142(c).

EL3150-04b

VOTER REGISTRATION CERTIFICATES

Corrected registration certificates issued by voter registrar.

Date of cancellation of registration + 2 years.

Retention Note: A duplicate original registration certificate replaced by a corrected certificate need be retained only as long as administratively valuable after issuance of the corrected certificate.

EL3150-04c

VOTER REGISTRATION CERTIFICATES

Undelivered/returned renewal certificates.

Date of cancellation of registration + 2 years.

EL3150-04d

VOTER REGISTRATION CERTIFICATES

Original registration record sheets or cards.

AV.

Obsolete record required of voter registrars from 1971 to 1975.

EL3150-05

VOTER REGISTRATION CONTRACTS

Contracts, leases, or agreements for voter registration services, including written approvals from the Secretary of State, if such approval is required.

4 years after the expiration or termination of the instrument according to its terms.

EL3150-06

VOTER REGISTRATION LISTS AND RELATED DOCUMENTATION

Retention Note: It is an exception to the retention periods given for (a) and (c) in this record group that any list of registered or qualified voters dated 1967 or earlier must be retained PERMANENTLY for historical reasons. This exception applies to any such lists in the custody of a tax assessor-collector, county clerk, or any other county official.

EL3150-06a

VOTER REGISTRATION LISTS AND RELATED DOCUMENTATION

Master voter registration list of all registered voters in a county.

US.

EL3150-06b

VOTER REGISTRATION LISTS AND RELATED DOCUMENTATION

Change lists, or similar documentation providing an audit trail, used to correct or update master voter registration list.

2 years.

EL3150-06c

VOTER REGISTRATION LISTS AND RELATED DOCUMENTATION

One copy of each original, supplemental, corrected, or revised original list of registered voters provided to election authorities for use in countywide elections.

(1) Lists for use in presidential elections.

(2) Lists for use in non-presidential elections.

Election day + 4 years.

Election day + 2 years.

By law - Election Code, Section 18.011(b).

By law - Election Code, Section 18.011(b).

*EL3150-06d

VOTER REGISTRATION LISTS AND RELATED DOCUMENTATION

Original, supplemental, corrected, or revised original lists of registered voters used in precincts and returned to the voter registrar in Envelope No. 4.

Follow retention periods for Precinct Election Records [EL3100-10a].

By law - Election Code, Section 66.058(a, g).

*EL3150-06e

VOTER REGISTRATION LISTS AND RELATED DOCUMENTATION

Registration omissions lists.

Follow retention periods for Precinct Election Records [EL3100-10a].

By law - Election Code, Section 66.058(a, g).

EL3150-07

VOTER REGISTRATION RECORDS (OBSOLETE)

EL3150-07a

VOTER REGISTRATION RECORDS (OBSOLETE)

Applications, proofs of eligibility, and notices of eligibility relating to voter registration of persons, resident of the state for more than 60 days but less than a year, wishing to vote in presidential elections.

Destroy at option.

Maintained by county clerks from 1967 to 1975.

EL3150-07b

VOTER REGISTRATION RECORDS (OBSOLETE)

Registration record of women voters registering to vote in 1918.

PERMANENT.

Retention Note: This record, if it has survived in a county, may appear either as a formal register or as duplicate certificates. Any form of record of this initial registration of women voters must be retained PERMANENTLY for historical reasons.

EL3150-07c

VOTER REGISTRATION RECORDS (OBSOLETE)

Lists of registered voters maintained under the Registration Act of 1870.

PERMANENT.

Maintained by district clerks from 1870 to 1876.

EL3150-07d

VOTER REGISTRATION RECORDS (OBSOLETE)

Poll tax receipts (including exemption receipts).

AV.

In the absence of a list of qualified voters (see retention note for item number EL3150-06) for a given year, this schedule recommends, but does not require, that the poll tax receipts and exemption receipts for the same year be retained PERMANENTLY.

Retention Note: The retention period applies to poll tax records in the custody of a county tax assessor-collector, county clerk, county judge, or any other county official.

EL3150-08

VOTER REGISTRATION REPORTS AND STATEMENTS

EL3150-08a

VOTER REGISTRATION REPORTS AND STATEMENTS

Annual registration statements submitted to the Secretary of State.

2 years.

EL3150-08b

VOTER REGISTRATION REPORTS AND STATEMENTS

Pre-election registration statements submitted to the Secretary of State.

2 years.

EL3150-08c

VOTER REGISTRATION REPORTS AND STATEMENTS

Reports submitted to the Secretary of State on new registrations, cancelled registrations, and change in registration information used to update state master voter registration file.

2 years.

EL3150-08d

VOTER REGISTRATION REPORTS AND STATEMENTS

Notices from the Secretary of State of non-compliance with state master voter registration reporting requirements and subsequent notices of compliance.

2 years.

EL3150-08e

VOTER REGISTRATION REPORTS AND STATEMENTS

Registration statements submitted to the State Comptroller of Public Accounts.

A list maintained by the voter registrar of each county that contains the names of (1) voters that failed to respond to the confirmation notice, (2) voters whose renewal certificate was returned to the registrar as undeliverable, and (3) those individuals that were excused or disqualified from jury service because they were not a resident of that county, state on the juror summons notice that the individual no longer resides in the county, or whose jury summons were returned to the district clerk as undeliverable.